Judgment

Heard counsel for the parties.

Delay condoned.

Special leave granted.

2. This appeal by special leave has been preferred by the State of Rajasthan against the judgment and order of the High Court of Judicature for Rajasthan at Jodhpur dated 25th April, 2003 in S.B. Criminal Appeal No. 261 of 2000. The High Court by its judgment and order allowed the appeal preferred by the respondent and set aside the order of conviction and sentence passed by the Special Judge, NDPS Cases, Chittorgarh dated 5th May, 2000. The trial court had convicted the respondent of the offence under Section 8/18 of the NDPS Act and sentenced him to undergo 12 years rigorous imprisonment and to pay a fine of rupees one lakh, in default of payment of fine, to further undergo one year’s rigorous imprisonment.

3. The facts of the case are that Mangilal, SHO police station, Nimbahera received a secret information at about 4.00 a.m. on 2nd July, 1997 from an informer to the effect that the respondent was carrying 16 kgs. of contraband opium and was likely to pass through Arnoda Bandh with a view to sell that opium. He recorded the information received in the Rojnamacha and sent copy thereof to the Superintendent